Be wary of non-attorney document preparers

By Richard Kistnen, Esq.

Before turning to the substance of this piece, I hope that anyone reading this is coping at least somewhat safely after the damage caused by Superstorm Sandy.  If you have the means, please try to donate goods, monies and/or services to one or more of the many ongoing relief efforts.  If you have been adversely affected by the storm and would like help obtaining information of these relief efforts, feel free to reach my office and I will try to help provide whatever information we can obtain.
In this article, I wanted to explore a concern of mine (and, I suspect, many other lawyers).  That concern is of non-attorney document preparers.  There is a significant industry out there of non-attorneys who offer document preparation services for individuals. These services are, generally, below the cost of retaining an attorney.  Some internet-based outfits market convenience and support.  There are a number of significant problems nested within this structure.  More often than not, those problems come back to adversely affect the client and no one else.
Billboards all around the NYC area offer divorce services, bankruptcy services, immigration services, will drafting, powers of attorneys, debt settlement, and so on, at a very low cost.  The offices are often run by someone who has purchased a software program that automate the generation of many of the documents required for these practice areas.
One problem is that the person(s) running these offices often are not aware or apprised of the developments of law or the application of law.  Whether good or bad, a lawyer is trained to analyze both the substantive and procedural elements of a client’s case.  As such, a lawyer must constantly research and learn about how the law works today and going forward.
Another problem is that the advertised cost of these services is often just one part of a cost, and may not include filing fees or other costs.  For instance, I once saw a billboard advertising bankruptcy for $299.00.  Unless the non-attorney document preparer was doing work for free, that billboard was misleading, as (at the time) the bankruptcy filing fee alone was $299.00.  The advertising works as a “bait-and-switch- tactic to get people into the door and give a false sense of comfort.
Finally, there exists an issue of liability in case something goes wrong.  There are few places that are more confusing and intimidating than a courthouse.  I have seen it first-hand – people who have filed a bankruptcy or a divorce using a non-attorney document preparer, and the case being dismissed because of a defect in the papers.  Under many circumstances, a lawyer can fix a defect in papers and have the case continue, avoiding wasting time and money.  Without a lawyer, the person would have to start anew.  Moreover, there is no malpractice action to be made against the non-attorney document preparer.
As a predominantly consumer/debtor lawyer, many of my eventual clients have spent hundreds, if not thousands of dollars, using a non-attorney document preparer.  If I decide to retain those clients, they often end up paying my normal fee to try and “fix” a case.  Ultimately, they end up paying more – my fee plus whatever was paid to the non-attorney document preparer.
While everyone is free to bring any and every case pro se (that is, without an attorney), you would do well to seek low-cost or free resources, often available at courthouses or bar associations, to help guide you through some kinds of cases.  Just keep in mind that there is no such thing as a simple case.  In trying to save some money upfront, you may end up losing a home, vehicle or other property by taking the non-attorney document preparer route.  If you have any questions about this article, or have a question about a particular matter, please reach the Law Office of Richard Kistnen.